"Self sponsorship" visas for the UK is it really possible?
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- čas přidán 22. 08. 2024
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1. Now the first topic is whether you can assign a Certificate of Sponsorship to yourself. In all cases except one, the answer is 'no', and if you did so, when prohibited from doing so, then your licence would be revoked:
Let's say you are currently outside of the UK, and looking to be sponsored on a Skilled Worker visa. The UK entity would need to have a Sponsor Licence, and if you are applying for one, then you would need to appoint so called Key Personnel. The rule is:
Two of the Key Personnel are:
1. The Authorising Officer
2. Level 1 User
Leaving aside the exception, you, as the visa applicant outside of the UK, are not going to be able to fulfil these two roles.
Also, if you are looking to incorporate the UK entity that is to sponsor you, its going to be challenging to open up a UK bank account for that company. And the supporting documents that you need for the sponsor licence application, include:
There are mixed results for companies applying for a sponsor licence using one of the challenger banks like Revolut. Generally you are going to need a traditional High Street bank, and they won't allow you to open a corporate bank account unless you have UK residency.
So for these reasons, you could not appoint yourself to any of the Key Personnel roles as the overseas intended Skilled Worker applicant, because you would not be based in the UK at the time of the sponsor licence application.
There is a another, independent, reason why you could not be appointed specifically as the Level 1 User. That's because the Level 1 User must be British, or settled, which you are not if you are looking to be sponsored on a Skilled Worker visa, in this example from overseas. This is the definition of settled worker:
However, start-up visa holders, or innovator visa holders, or global talent visa holders, can be appointed as Level 1 Users, notwithstanding that they are not yet settled, or British.
So what would happen if you were, for example, a start-up, innovator or global talent visa holder, and you applied for a sponsor licence, and appointed yourself as BOTH Authorising Officer (this would be possible, as you would be based in the UK) AND as Level 1 User (because, as I say, that is possible under this exception), AND, let's say, you then assigned a Certificate of Sponsorship to yourself. Well, that is prohibited, and the sponsor licence would just be revoked. The rules list the "circumstances in which we will revoke your licence":
Again, there is an exception to this, under the Expansion Worker route, which I will come to shortly. And in that case, you CAN assign the Certificate of Sponsorship to yourself.
2. But before we come to that, there is another related question, which is: "Can you appoint a different Authorising Officer and Level 1 User, and have them assign the certificate to you?" So, in other words, this is the situation where you are looking to apply for a Skilled Worker visa. You are not settled or British. You want to incorporate the UK company, appoint a different Authorising Officer and Level 1 User, and have them assign the certificate to you. Can you do this? Well, it depends on whether the job is "genuine". But what does this mean? Well the Home Office will deem a job to be NOT genuine if it has been created mainly so that you can apply for entry clearance or permission to stay. The rules say that a licence will be revoked where:
So where the job had been created just for you to apply, then it would be deemed to be NOT genuine. Another way of putting this is that the job must exist, independently of your visa application, or visa considerations. Alternatively put, would this job exist even if you were not applying for the visa? Was the job advertised, for example?
Well, prior to December 2020, you had to advertise for skilled worker roles in a prescribed way (the so-called 'resident labour market test').
That was removed as a requirement, BUT whether you have advertised or not is still a relevant consideration when assessing whether the role is genuine.
In other words, advertising may constitute evidence that there is a job, independently of your intention to make a visa application.
Another factor is: is this the ONLY job in the organisation? Is anyone else being sponsored? And what's the broader business plan? In my sponsor licence applications, I include the business plan in the suite of compliance materials that my client has ready for any audit.
Another factor is the percentage of shares that you own in the UK company that's sponsoring you.
Before December 2020, if you owned more than 10% of the shares in the sponsoring entity, then you could NOT get the visa UNLESS you earned over £159,600 per year.
So this was the pre-December 2020 rule:
Parliament removed this rule on this basis:
How is it so difficult to just get out of the USA and back to England where my distant relatives are from!!
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Hello Tom, awesome video and very informative. can I apply the self sponsorship route to continue living here in the UK after my Graduate Visa ends?
Hi Tom. Please amend the settled worker requirement by include "a person who has been granted limited leave to enter or remain (‘pre-settled status’)". May be its new regulation!
Hi Tom, Thanks for the video, you are great. Do you have any service to do all the process from setting up the company to obtaining sponsorship license .
how does this work for Influencers and content creators with journalism skills wanting to be a sole trader, which would be the best way to tackle a move to ILR /citizenship to the UK
I’m actually in the same boat and would like to know
Is it possible for my boyfriend to be my sponsor for a work visa in Uk ?
Just to mention the revolut bank which you mentioned has been listed on Fca. So one on psw who is already doing an e-commerce business and has a company, can they sponsor themselves? (Authorising officer and level 1 users are British )
Tank you dear to important information
Hi Bauyshe, thank you so much! I'm glad you found the self sponsorship video to be of help!
Best, Tom.
Thank you
Thank you for the comment; and I am glad that you’ve found the video to be of help!
Best, Tom
What if applicant has graduate visa and he/she open pvt ltd company and applfor sponsor licenses??
Hi Sagar Patel, graduate visa holders can only be involved in preliminary business activities, instead of the actual set-up of a company. Hope this helps!
Best, Tom
I heard we can open business in psw visa and run it properly. So Tom can we start a business and after 1 year we apply for self sponsorship as self sponsorship path will take 6,7 months
@@farrukhzafar4611 Thanks, as explained in this video "self-sponsorship" is only capable of covering a very narrow range of circumstances: the Home Office allows an expansion worker to assign a certificate of sponsorship to themselves (to that extent "self-sponsorship" is possible - there are a number of important requirements that one would have to satisfy first though, it only is capable of covering a very narrow category of people). Also, "self-sponsorship" can describe a situation where someone has e.g. shares in the sponsoring entity. The latter is only permissible where the job is genuine obviously one cannot just set up a company and get it to sponsor you!
Great information
You can't get an ILR on an expansion worker visa which is why most people won't prefer this route
Hey there, I have a pre settlement in the uk and next year I will get my ilr. also I got a ltd company its been running since 2019. My question is Would I be eligible to get a sponsorship license and sponsor my brother to bring him to the UK?
Thank you
Thanks Renj1997 for your earlier comment. I think this is one where it would be sensible to take legal advice. Feel free to use my consultation service on my website here: tom-bradford.com/
Very interesting information. Hi Tom. Can I apply for self sponsorship visa to live in UK after my pre settlement ends if I am not eligible for settlement status?
Be super careful on this Ilja. Don’t get into a situation where you, e.g. set up a company in the UK that you 100% own, and then get that company to sponsor you. As I say in this video, that may well fall foul of the ‘genuineness’ requirement etc.
Also, if you have pre-settled status, you should definitely be aiming for settled status. It would be a very rare case if, e.g. you lost your entitlement to settled status. In the vast majority of cases, it would be crazy to switch from pre-settled status to another route (i.e. any route other than settled status).
So called “self-sponsorship” can only refer primarily to the Expansion Worker visa. But this is where you are being sent by a parent entity to the UK. That is a million miles from where you are, if you have secured pre-settled status. So please proceed carefully! Make sure to take legal advice on your individual circumstances before deciding how to proceed. I have a consultation service if you want help. Best wishes, Tom
At the end of this 'self sponsorship' Visa process, does one then qualify for ILR?
I want to start a Homoeopathic clinic in UK. I am british citizen but not a doctor. I know a professional homoeo pathic doctor living outside the UK. Can I register my company, rent a place for clinic, setup the clinic and apply for sponsor licence to get this Homoeo doctor in UK under this category?
Thanks Asim for your earlier comment. I think this is one where it would be sensible to take legal advice. Feel free to use my consultation service on my website here: tom-bradford.com/
Did you open your clinic?
How is this process ?
Hey Tom, what if someone sets up a company on PSW and sponsors themselves
Hi J, you can only be employed on a PSW visa and therefore for setting up a company, you would have to opt for the startup visa route. Hope this helps!
Best, Tom
@@TomBradford Hey Tom, this certainly does, just one more thing, if we freelance and have clients from the USA, cant we convert our Study Visa to a start up visa? and obvs pay taxes and all? If I set up a Sole Trading company.
Tom on PSW we can do business also.. can you please guide properly because on BRP its mentioned sportsmanship restricted...
@@waqarghanitiktok Thanks, yes it is a condition that you cannot be a professional sportsperson. Best wishes, Tom
how it works when the person is inside UK, on the graduate visa?
Thanks, I would strongly warn against switching from the Graduate visa to a Skilled Worker visa by an entity that is 100% owned and controlled by you. That is very high risk and as highlighted in this video may fall foul of the “genuineness” criterion, depending on the circumstances of course.
As for “self-sponsorship” on the Expansion Worker visa, that would involve you being sent to the UK from out of the country by a parent entity, so an in-country switch from the Graduate visa would not be possible. Obviously, do take legal advice on your individual circumstances before deciding how to proceed. I wish you the best, Tom.
Hi Tom, I am currently on PSW visa and I am planning to open retail franchise store with investment of £2,50,000. Can I open a store and then get a license to sponsor and sponsor myself. There are many videos that say that it is possible to do so.
I am looking for self sponsorship business and partner where we can start...any lead/support
Have you already opened the stores in the UK?
Someone I know has a newly started ecommerce business, I already work for their business - I live in the UK on psw and help them in the business. They are a settled person in the UK. Can they open this company and then apply for a sponsorship license, then sponser me?
What's your update on this?
I'm also in UK and I'm in the same situation
Example a director is a UK resident, is it possible that the director of the business be sponsored on Skill worker at the same business, while he has British worker appointed as i) level 1 user and I) Authorising person ?
Thanks for the question. The Home Office will (rightly) refuse applications (whether for the initial visa, the certificate of sponsorship or for the licence itself) if the job is not a genuine one or where is has been created mainly for immigration purposes, etc. If someone is the director of the sponsoring entity then one has to ask whether it would be a genuine. Having a British worker is not determinative of that issue.
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hi dear sir
Hi Dania, you could check out my other videos on visa routes and applications.
I am happy to help with your visa and citizenship options. 📧 You can book a consultation with me using the link below: tom-bradford.com/contact-me
Best, Tom